Funny / Educational Law Question

B. Lahey · April 14, 2009, 11:03 PM

I was just doing some electronic legal exercises for my Equities & Remedies class when I came across this entertaining question. Figured my fellow gun/law/civil rights nerds would get a kick out of it.

Quote:

Rambo Royster (an individual who you may be familiar with from other CALI Lessonettes®) applies for admission to the Glenview Hills Country Club (GHCC). As you may recall, GHCC is a very exclusive and upscale club. Membership is selective and and any member has the right to "blackball" any applicant. A number of members raise questions regarding Rambo's suitability for membership, noting that he is rather nerdish and that he likes to shoot guns. In the end, two members elect to "blackball" Rambo's application. Enraged, Rambo sues seeking an order requiring GHCC to admit him to membership.

We know that the court is unlikely to grant Rambo the requested relief for a variety of discretionary reasons (i.e., the court is unwilling to "foist" unwilling parties on each other, and it is reluctant to issue orders that will require "continuing supervision"). But, if we ignore those concerns for the moment, and focus strictly on the five requirements for preliminary injunctive relief, do those factors justify providing preliminary injunctive relief to Rambo?

Yes / No

If you answer "No", you get the following question:

Quote:

Why is preliminary injunctive relief inappropriate?
A. Courts are wary of those who are nerdish and like guns.
B. The public interest disfavors exclusive clubs that discriminate.
C. Rambo is unable to show that he is likely to succeed on the merits.
D. Please change my answer.

If you answer "Yes", you get the following question:

Quote:

Why is preliminary injunctive relief appropriate?
A. Monetary damages will not provide Rambo with an adequate remedy and therefore his injury is irreparable.
B. As the court "balances the hardships," it will find that the hardship that will be imposed on Rambo absent injunctive relief is greater than the hardship that will be imposed on GHCC if relief were granted.
C. Change my answer.

If anyone cares what happens to Rambo, I will post the answer later.

jjyergler · April 15, 2009, 10:40 PM

I like the answer no, and A to the followup.

Al Norris · April 15, 2009, 10:46 PM

No and "C" on the followup.

pendennis · April 15, 2009, 10:48 PM

No. And "C".

B. Lahey · April 16, 2009, 12:26 AM

Poor Rambo. Yep, it's "No" and "C".

They gave it away at the end of the question.

April 15, 2009, 10:40 PM	#2
jjyergler Senior Member Join Date: July 31, 2008 Posts: 295	I am... I like the answer no, and A to the followup. __________________ Remington Nylon 66 .22LR - Squirrels Beware Browning BAR Safari II .270 Win - Whitetails Beware Sig Sauer P229 .40 S+W - Burglars Beware Hi Standard Supermatic Citation .22LR - Tincans Beware

April 16, 2009, 12:26 AM	#5
B. Lahey Senior Member Join Date: March 17, 2008 Location: Indiana Posts: 2,857	Poor Rambo. Yep, it's "No" and "C". They gave it away at the end of the question. __________________ "A human being is primarily a bag for putting food into; the other functions and faculties may be more godlike, but in point of time they come afterwards." -George Orwell

April 15, 2009, 10:46 PM	#3
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	No and "C" on the followup.

April 15, 2009, 10:48 PM	#4
pendennis Junior member Join Date: March 18, 2009 Posts: 572	No. And "C".